AN ACT TO PROVIDE RESTORATIVE JUSTICE TO VICTIMS OF HUMAN TRAFFICKING. Enacted June 25, 2018. Effective June 25, 2018, except as otherwise provided.
Summary date: Jun 26 2018 - View summary
Summary date: Jun 15 2018 - View summary
House committee substitute deletes all provisions of 3rd edition and replaces it with AN ACT TO PROVIDE RESTORATIVE JUSTICE TO VICTIMS OF HUMAN TRAFFICKING. Changes short title to "Human Trafficking Restorative Justice." Amends GS 14-43.10, adding definition of victim as a person subjected to the practices set forth in GS 14-43.11 through 14.43.13 (moved here from GS 14-13.20). Enacts GS 14-43.15, setting forth an affirmative defense to a prosecution under this Article (Human Trafficking) that the person charged was a victim at the time of the offense and was coerced or deceived into committing the offense as a result. Enacts GS 14-43.16, creating confidentiality requirement for victims and their families. Allows exception for law enforcement investigation and criminal prosecution, medical care, housing, or family services, and by federal law or court order. Violation of this provision is a Class 3 misdemeanor.
Amends GS 14-43.20 with conforming change. Allows judge to order restitution for victim to include medical care, psychological treatment, temporary housing, transportation, funeral services, and other related expenses. In the case the victim cannot be located to provide restitution, provides for clerk of court to hold the funds for two years. If it has not been claimed, funds go to the Crime Victims Compensation Fund.
Amends GS 7B-101 including in definition of abused juvenile victims of sexual trafficking.
Amends GS 8C-412(d), prohibiting admittance into evidence of a record of a charge of sexual servitude unless the court finds it to be relevant.
Above provisions are effective December 1, 2018.
Amends GS 114-709(b), increasing members of the Human Trafficking Commission (Commission) to 15. Allows for ex officio service by the Director of the Administrative Office of the Courts, and the presidents of the North Carolina Conference of Superior Court Judges and North Carolina Association of District Court Judges.
Directs the Commission to study human trafficking offenses and report to the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2019.
Contains severability clause.
Summary date: Jun 14 2018 - View summary
House committee substitute is to be summarized.
Summary date: Apr 25 2017 - View summary
Senate amendment #1 amends the 2nd edition to GS 74E-6 to delete the proposed provisions giving company police officers authority on public roads passing through and adjoining the facility where they are employed, and authorizing them to activate their blue light in emergency situations. Makes conforming changes to the act's title.
Summary date: Apr 19 2017 - View summary
Senate committee substitute makes the following change to the 1st edition.
Amends GS 74E-6 (Oaths, powers, and authority of company police officers). Provides that authority of company police officers to direct traffic is on all public roads passing through and immediately adjoining a public school, hospital, or airport where the officer is employed.
Makes organizational changes.
Summary date: Mar 1 2017 - View summary
Amends GS 74E-6 to expand the powers of company police officers. New provisions give company police officers the same powers as municipal and county police officers on public roads adjacent to the facility where company police officers are employed, if the facility is a public school, hospital, or airport, including the authority to direct traffic. Also gives them the authority to activate their blue light in emergency situations on public roadways when they stop to assist a motorist, render assistance to a law enforcement officer or first responder, or in an emergency situation.
Authorizes company police agencies to enter into mutual aid agreements with governing boards of municipalities, or, with the consent of the county sheriff, a county, to the same extent as a municipal police department under GS Chapter 160A.
Authorizes company police officers to provide assistance to law enforcement agencies at the request of agency heads regardless of whether there is an agreement in place to do so.
Makes technical changes.